ISCR Case 01-22652.h1

Case Headnote

ISCR Case No. 01-22652.h1

grantedJun 16, 2003· Hon. Wilford H. Ross· hearing

Summary

A 45-year-old defense contractor with a Ph.D. was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted that the Applicant's parents and two sisters reside in Taiwan; his father is a retired banker, his mother is a housewife, and both sisters are teachers, with none working for the Taiwanese government. He communicates with his parents and one sister monthly, and the other sister twice a year, without providing financial support.

Additionally, the Applicant's spouse's parents live in Taiwan; her 81-year-old father is a retired junior officer in the Nationalist Chinese Army, and her mother is a retired teacher, neither holding official positions with the Taiwanese government. The Applicant speaks with them about four times a year, while his wife communicates with them bi-weekly, and they visit the U.S. approximately every other year. Concerns were also raised because the Applicant obtained a Taiwanese passport in November 1995, prior to becoming a U.S. citizen, and served as an officer in the Taiwanese Navy after receiving his master's degree.

However, the judge found no evidence of foreign influence or coercion. The Applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport, demonstrating a commitment to U.S. loyalty. Furthermore, there was no evidence that his family members were agents of a foreign power or in a position to exert pressure on him, and his contact with them was infrequent and casual. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The Applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport, demonstrating a commitment to U.S. loyalty.
There was no evidence that the Applicant's family members were agents of a foreign power or in a position to exert pressure on him.
The Applicant's contact with his family in Taiwan was infrequent and casual.

Conditions Referenced

Disqualifying

C.1raisedForeign Preference
B.1raisedForeign Influence

Mitigating

C.2appliedForeign Preference
B.1appliedForeign Influence
B.3appliedForeign Influence

Key Rule Quoted

“Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned.”

Procedural Posture

SOR issuedJan 8, 2003
Answer filedJan 21, 2003
Hearing heldMar 26, 2003
Decision dateJun 16, 2003

Cite For

Mitigation of Foreign Preference Due to Renunciation of Citizenship
Infrequent Contact with Foreign Family Members as a Mitigating Factor
No Evidence of Coercion From Foreign Family Ties

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	The Applicant's parents and his two sisters still live in Taiwan. His father is a retired banker and his mother is a housewife. Both of his sisters are teachers, one of them lives with his parents. None of them work for the Taiwanese government in any capacity. He talks to his parents and one sister on a monthly basis. The Applicant speaks to the other sister about twice a year. He does not send money to them.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	The parents of the Applicant's spouse also live in Taiwan. Her 81 year old father is a retired junior officer in the Nationalist Chinese Army. Her mother retired from the teaching profession. According to the Applicant, neither had an official position with the Taiwanese government. He talks to them by telephone approximately four times a year. His wife talks to them about every other week. Her parents visit the United States approximately every other year.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's parents and his two sisters still live in Taiwan. His father is a retired banker and his mother is a housewife. Both of his sisters are teachers, one of them lives with his parents. None of them work for the Taiwanese government in any capacity. He talks to his parents and one sister on a monthly basis. The Applicant speaks to the other sister about twice a year. He does not send money to them.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

LOW RISK / ALLY

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.b

The parents of the Applicant's spouse also live in Taiwan. Her 81 year old father is a retired junior officer in the Nationalist Chinese Army. Her mother retired from the teaching profession. According to the Applicant, neither had an official position with the Taiwanese government. He talks to them by telephone approximately four times a year. His wife talks to them about every other week. Her parents visit the United States approximately every other year.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

LOW RISK / ALLY

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant has acted in such a way as to show a preference for another country over the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.b	The Applicant obtained a Taiwanese passport in November 1995, before he became an American citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.c	The Applicant served as an officer in the Taiwanese Navy after receiving his master's degree.	For Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant has acted in such a way as to show a preference for another country over the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.b

The Applicant obtained a Taiwanese passport in November 1995, before he became an American citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.c

The Applicant served as an officer in the Taiwanese Navy after receiving his master's degree.

For Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES